in Re State of Texas Ex Rel. Ken Paxton, Relator
This text of in Re State of Texas Ex Rel. Ken Paxton, Relator (in Re State of Texas Ex Rel. Ken Paxton, Relator) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,432-02
IN RE STATE OF TEXAS EX REL. KEN PAXTON, Relator
ON MOTION FOR LEAVE TO FILE A WRIT OF MANDAMUS IN RELATION TO DALLAS COUNTY CASE OF EX PARTE WESLEY RUIZ, POTTER COUNTY CASE OF EX PARTE JOHN LEZELL BALENTINE, HARRIS COUNTY CASE OF EX PARTE ROBERT ALAN FRATTA, and HARRIS COUNTY CASE OF ARTHUR BROWN JR. TRAVIS COUNTY
Per curiam. YEARY, J., concurs. NEWELL, J., dissents.
OPINION
We have before us a motion for leave to file an application for writ of mandamus
filed by the Honorable Ken Paxton, Attorney General of the State of Texas. Therein, he
asks this Court to order the Honorable Catherine Mauzy, Judge of the 419th District Court
of Travis County to vacate the Temporary Injunction she issued this day regarding the Paxton_Ruiz et al. - 2
executions of the above named inmates.1
These inmates were all convicted of capital murder and sentenced to death in their
respective counties. This Court affirmed each of the separate convictions and sentences
on direct appeal and issued mandate. Plus, each of the inmates have filed Texas Code of
Criminal Procedure Article 11.071 writs of habeas corpus in their respective convicting
courts over the years. All of the writs were ultimately denied or dismissed by this Court.
Ruiz and Balentine then filed what purports to be a civil suit in a Travis County
District Court seeking injunctive or declaratory relief regarding the drugs to be used in
their respective executions. Fratta and Brown subsequently intervened in the suit.
Relator (Paxton) asked this Court to grant prohibition relief.
On January 4, 2023, we granted leave to file the application and ordered the
Respondent, the Honorable Catherine A. Mauzy, “to refrain from issuing any order
purporting to stay the January and February executions of Harris County death row
inmate Robert Alan Fratta, Dallas County death row inmate Wesley Ruiz, or Potter
County death row inmate John Lezell Balentine.” In re State of Texas ex rel. Ken Paxton,
No. WR-94,432-01 (Tex. Crim. App. Jan. 4, 2023) (not designated for publication).
On this day, Respondent issued a Temporary Injunction in this case. In the
injunction, Respondent claims that the district court is not staying the executions of any of
the four plaintiffs in the case. Rather, she is simply enjoining the defendants “from
1 The temporary injunction lists the issuing court as the 345th District Court. Paxton_Ruiz et al. - 3
committing certain acts while conducting the executions of Plaintiffs.” But this
injunction circumvents this Court’s mandates and the orders of the inmates’ convicting
courts. And it is in violation of our order “to refrain from issuing any order purporting to
stay the” executions of the various inmates.
As such, we immediately vacate the temporary injunction issued by Judge Mauzy.
Delivered: January 10, 2023 Do Not Publish
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